Common use of Purchaser Status Clause in Contracts

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 21 contracts

Sources: Securities Purchase Agreement (Trans American Aquaculture, Inc), Securities Purchase Agreement (Trans American Aquaculture, Inc), Securities Purchase Agreement (Safe Pro Group Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 20 contracts

Sources: Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Mer Telemanagement Solutions LTD), Securities Purchase Agreement (Mer Telemanagement Solutions LTD)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 20 contracts

Sources: Securities Purchase Agreement (Palatin Technologies Inc), Securities Purchase Agreement (Silo Pharma, Inc.), Securities Purchase Agreement (Creatd, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock Notes or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 17 contracts

Sources: Securities Purchase Agreement (MDNA Life Sciences, Inc.), Securities Purchase Agreement (Corphousing Group Inc.), Securities Purchase Agreement (Corphousing Group Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8), (a)(9), or (a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 13 contracts

Sources: Securities Purchase Agreement (Reliance Global Group, Inc.), Securities Purchase Agreement (Petros Pharmaceuticals, Inc.), Securities Purchase Agreement (Petros Pharmaceuticals, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of at the date hereof it is is, and on each date on which it converts any of the Notes into shares of Preferred Common Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 10 contracts

Sources: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Healthy Choice Wellness Corp.), Securities Purchase Agreement (Healthy Choice Wellness Corp.), Securities Purchase Agreement (Healthy Choice Wellness Corp.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, Warrants it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Precipio, Inc.), Securities Purchase Agreement (Alliance MMA, Inc.), Securities Purchase Agreement (Alliance MMA, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Magnegas Corp), Securities Purchase Agreement (Magnegas Corp), Securities Purchase Agreement (Oxygen Biotherapeutics, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred its Note into Common Stock or exercises is issued any WarrantsCommon Stock under the terms of its Note, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Digital Ally, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Digital Ally, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 4 contracts

Sources: Securities Purchase Agreement, Securities Purchase Agreement (Alphatec Holdings, Inc.), Securities Purchase Agreement (Alphatec Holdings, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock Shares or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Alimera Sciences Inc), Securities Purchase Agreement (Alimera Sciences Inc), Securities Purchase Agreement (Surna Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any WarrantsStock, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (Hudson Capital Inc.), Securities Purchase Agreement (Hudson Capital Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock Shares or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (American Noble Gas, Inc.), Securities Purchase Agreement (Infinity Energy Resources, Inc), Securities Purchase Agreement (Infinity Energy Resources, Inc)

Purchaser Status. At the time the Purchaser was offered or otherwise purchased or acquired the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of the Series B Preferred Stock or exercises any WarrantsStock, either: (i) it will be an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Amaze Holdings, Inc.), Securities Purchase Agreement (Fresh Vine Wine, Inc.), Securities Purchase Agreement (Fresh Vine Wine, Inc.)

Purchaser Status. At the time the each Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under a)(7)under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Momentus Inc.), Securities Purchase Agreement (Glucotrack, Inc.), Securities Purchase Agreement (Momentus Inc.)

Purchaser Status. At the time the Purchaser was Purchasers were offered the Securities, it wasthey were, and as of the date hereof it is they are, and on each date on which it converts any shares of Preferred Stock or exercises any Warrantsthey exercise the Warrant, either: (i) they will be an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Qt Imaging Holdings, Inc.), Securities Purchase Agreement (Qt Imaging Holdings, Inc.), Securities Purchase Agreement (Qt Imaging Holdings, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any WarrantsOrdinary Share Warrants it will be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.), Securities Purchase Agreement (Gorilla Technology Group Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, either: (i) it will be an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), (a)(8), (a)(9), (a)(12), or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(aa)(13) under the Securities Act.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Cyabra Strategy Ltd.), Securities Purchase Agreement (Arcimoto Inc), Securities Purchase Agreement (Creek Road Miners, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Lion Group Holding LTD), Securities Purchase Agreement (Lion Group Holding LTD)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of Preferred Stock or exercises exercised any Warrants, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (NaturalShrimp Inc), Securities Purchase Agreement (NaturalShrimp Inc)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants or Pre-Funded Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Eyenovia, Inc.), Securities Purchase Agreement (Novan, Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrants, Notes it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (PetVivo Holdings, Inc.), Securities Purchase Agreement (PetVivo Holdings, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrants, either: (i) it will be an institutional investor and an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Marina Biotech, Inc.), Securities Purchase Agreement (Marina Biotech, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Series Alpha Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Qualigen Therapeutics, Inc.), Securities Purchase Agreement (Ritter Pharmaceuticals Inc)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Biostage, Inc.), Securities Purchase Agreement (Mines Management Inc)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock the Notes into Note Shares or Pre-Funded Warrants and on each date on which it exercises any of the Pre-Funded Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8501(a) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) 144A under the Securities Act.

Appears in 1 contract

Sources: Note Purchase Agreement (Eterna Therapeutics Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of at the date hereof it is is, and on each the date on which it converts exercises the Warrants or any shares of Preferred Stock or exercises any Warrants, Additional Warrant it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Syzygy Entertainment LTD)

Purchaser Status. At the time the Purchaser was offered the SecuritiesShares, it was, and as of the date hereof it is is, and on each date Investment Date on which it converts any shares of Preferred Stock or exercises any Warrantspurchases Shares, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (VistaGen Therapeutics, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of the Series C Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (VerifyMe, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, either: (i) it will be an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (First Wave BioPharma, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrantsit will be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Neurotrope, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Series D-2 Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Magnegas Corp)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Safe Pro Group Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) ), or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Verb Technology Company, Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, eitherStock: (i) an “accredited investor” as defined in Rule 501(a)(150l(a)(l), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (NaturalShrimp Inc)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrants, Notes it will be either: (i) an "accredited investor" as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a "qualified institutional buyer" as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Fresh Healthy Vending International, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Series A Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Stock Purchase Agreement (Senseonics Holdings, Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises the Warrant or converts any shares of Preferred Stock or exercises any Warrantsit will be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(aa)(13) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cingulate Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of at the date hereof it is is, and on each date on which it converts any of the Notes into shares of Preferred Common Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Jupiter Neurosciences, Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Evofem Biosciences, Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of Preferred Stock or exercises any WarrantsStock, either: (i) an "accredited investor" as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a "qualified institutional buyer" as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (THC Therapeutics, Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, either: (i) it will be an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Digital Power Corp)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, either: it will be either (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8a)(13) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (AgEagle Aerial Systems Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of converted Preferred Stock or exercises any Warrantsexercised the Warrant, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (NaturalShrimp Inc)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrantsit will be, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(aa)(13) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Exchange Agreement (Microbot Medical Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Series a Preferred Stock Purchase Agreement (Dataram Corp)

Purchaser Status. At the time the each Purchaser was offered the Securities, it was, and as of at the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any Warrants, Notes it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Lucid Inc)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of converted Preferred Stock or exercises any WarrantsStock, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Siyata Mobile Inc.)

Purchaser Status. At the time the Purchaser was offered the SecuritiesShares, it was, and as of the date hereof it is is, and on each date on which it converts makes an exchange for any shares of Preferred Stock or exercises any WarrantsShares hereunder, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Exchange Agreement (Avalon GloboCare Corp.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Exchange Agreement (Microbot Medical Inc.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any WarrantsPreferred Investment Options, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cytrx Corp)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Series A Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cerecor Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, either: it will be (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Series B-1 Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Aditxt, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of the Series D Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (VerifyMe, Inc.)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.. Placement Agency Agreement

Appears in 1 contract

Sources: Placement Agency Agreement (Magnegas Corp)

Purchaser Status. At the time the such Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it exercises any Series A Warrants or converts any shares of Preferred Stock or exercises any WarrantsStock, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cleveland Biolabs Inc)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is is, and on each date on which it converts any shares of Preferred Stock or exercises any Ordinary Share Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (RedHill Biopharma Ltd.)

Purchaser Status. At the time the Purchaser was offered the Securities, it was, and as of the date hereof it is and on each date on which it converts any shares of Preferred Stock or exercises any WarrantsStock, either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2), , (a)(3a) (3), (a)(7) or (a)(8) under the Securities Act or (ii) a “qualified institutional buyer” as defined in Rule 144A(a) under the Securities Act.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ab International Group Corp.)